K.N.Sinha, J. - (1.) By means of the present application under Section 482 Cr.P.C., applicant Abu Laise has sought for quashing of the charge sheet No. 33A/1995 of case crime No. 32/1995 police station Balua, district Varanasi (Annexure No. 6).
(2.) The brief facts, giving rise to this petition, are that an F.I.R. was lodged against nine persons, including the applicant, on the report of opposite party No. 2. From the side of applicant and others an N.C.R. was registered at police station Balua district Varanasi. When the incident took place the applicant was posted at Sonebhadra, about 200 Kms. from the place of occurrence. The applicant's father submitted an application to the Senior Superintendent of Police, Varanasi, alleging that the applicant was not involved in the incident. On enquiry, the involvement of the applicant was not found. Consequently, charge sheet was submitted against eight persons and it was stated in the charge sheet that investigation against the applicant was going on. Later on, final report was submitted against the applicant before the concerned court, which is Annexure No. 4 to this petition. The final report was pending before the court concerned and the order was passed by the concerned court to prepare requisite copy of final report, the Senior Superintendent of police Varanasi further passed an order directing the S.I.S. to further investigate (in the matter and submit the report. It has been submitted in para 12 of the Affidavit that it is the settled position of law that with the submission of Charge sheet or final report in the court concerned, the power to further investigate a case comes to an end and it can be directed only after obtaining the permission from the court concerned. The order dated 6.10.1995 was passed by Senior Superintendent of Police, Varanasi for further investigation. It does not any where appear that previous investigation was not honest. A copy of the order dated 6.10.1995 has been annexed as Annexure No. 5. The order dated 6.10.1995 passed by Senior Superintendent of Police, Varanasi is against the law. The power under Section 173(8) Cr.P.C. is on the Station House Officer only. Acting on the direction of Senior Superintendent of Police, Varanasi the SIS submitted a charge sheet against the applicant before the concerned court. The court took cognizance and issued summon to the applicant but since he was not present, non bailable warrant was issued.
(3.) On the above ground, quashing of the charge sheet and non bailable warrant has been prayed.;